Many injured people who contact a Coral Springs car accident lawyer at our law firm still believe that they can only get compensation out of their PIP insurance. You can pursue a liability claim against the at-fault driver if you suffer a severe injury.
And this has a big impact on the types of damages you can seek. Let us look over them in detail.
Economic damages cover all the current and future expenses related to the car accident. They usually include:
- Ambulance ride cost
- Hospital bills
- Costs of prescription medication and treatments
- Property damage (the cost to repair or replace your damaged car)
- Lost wages
- Future costs with therapy and medical care
- Loss of future earnings and loss of earning capacity
- Costs with nursing care or assistance with activities of daily living.
An experienced attorney will wait until you reach maximum medical improvement before evaluating your economic damages. This is the moment when no further treatments are likely to improve your condition.
At this point, the lawyer will talk to your doctor to learn if you are left with a permanent disability or impairment. Based on the diagnosis, the lawyer will factor in the costs for your ongoing care, as well as the loss of ability to work and earn wages.
Non-economic damages compensate you for the pain, suffering, emotional trauma, and mental anguish you suffer from as a result of the crash. Often, car accident victims develop PTSD, a crippling mental health condition that manifests itself through recurring nightmares, vivid recollections of the crash, anxiety, and even severe distress whenever the patient has to be in a car, either as a passenger or driver.
An experienced Coral Springs car accident attorney will use one of the following methods to evaluate your pain and suffering damages.
The Per Diem Method
“Per diem” means simply per day in Latin. This method involves determining a daily amount for non-economic damages and multiplying it by the number of days you’ve suffered.
Insurance adjusters often fight bitterly to reduce both the daily amount and the number of days. However, an experienced lawyer will bring persuasive evidence showing the negative impact of the crash on your emotional and mental health.
The Multiplier Method
In this case, a factor between 1.5 and 5 is multiplied by the total amount of your economic damages. The multiplying factor is determined by the severity of your injuries and their impact on your life.
Punitive damages can be obtained only at the end of a personal injury lawsuit. The judge and jury will award an amount, which is capped at the larger of the two amounts:
- Three times the amount of economic and non-economic damages.
However, in order to qualify for punitive damages, you must prove with “clear and convincing evidence” (Florida Statutes 768.72 (2)) that the other driver acted with:
- Intentional misconduct – the at-fault driver knew that his actions were wrong and would likely cause injury, yet pursued those actions
- Gross negligence – the at-fault driver acted with conscious disregard for your life and safety.
An experienced attorney will analyze the circumstances of your accident and advise you whether it’s worthwhile taking your case to court to win punitive damages. Since you are never guaranteed to win a lawsuit, it is always better to settle the claim for a fair amount, including both economic and non-economic damages.
A Coral Springs Car Accident Lawyer Will Negotiate Fair Compensation!
Evaluating damages after a car crash is difficult for the average person. Even if you manage to determine a fair figure, you do not have the arguments to sway an insurance adjuster, whose job is to reduce your claim as much as possible.
This is why you need professional legal representation. An experienced Coral Springs car accident lawyer will justify every dollar in the letter of demand with evidence and legal principles.
Do not wait any longer – schedule a free case review with us and let us help you get the compensation you deserve. Call (786) 686-2857 today!